For purposes of providing these studies, our service matches up testers to clients who want their or another party's website, advertisement, animation video, website search process, software, software prototype or other element, remotely analyzed via the Internet by testers. The testers may be connected to the Internet from their home, or other Internet connection facility, at their own discretion.
In order to function as a tester for USERLYTICS, you will need to download a software application ("Userlytics Recorder") from our website, USERLYTICS.COM (the "Website"), which will provide you with access to our testing platform, and you will also need to download other SW languages or applications if they are not already installed on your computer. By downloading the Userlytics Recorder, you hereby authorize USERLYTICS to access the computer on which you download the Userlytics Recorder for the express purpose of and to the extent required for your participating as a tester in the qualitative research testing services. You agree to assume full responsibility for any damage caused to your system, any programs, data or information related to or arising from such downloads or the testing services you provide.
When you sign up with USERLYTICS™ to act as a tester, USERLYTICS™ will, through the registration process, collect personally identifiable information about you such as your name, contact information, PayPal account information, race, age, gender, education, employment status and hobbies, and any other information that we request and that you provide, either initially or in follow up questionnaires after registration. You agree to the collection and use of such personally identifiable information, including video images of your face and audio recordings of your voice as part of providing usability testing services. You hereby irrevocably transmit to USERLYTICS the exclusive and full copyright ownership of such video and audio recordings. You represent that the information you provide to USERLYTICS™ will be authentic, accurate and complete and made in accordance with USERLYTICS™ policies and procedures.
In addition, USERLYTICS may collect details of your visits to the Websites or software we ask you to test, including, but not limited to, clickflow, traffic data, location data, weblogs, IP address, operating system, browser type, and other communication data, for the purpose of system administration and fraud prevention.
You must be of legal age to form binding contracts in your country and state of residence, or your parents must have signed and sent to us their approval of your participation. If you are under 13, you will also need to be accompanied by your parents during the tests.
You are responsible for having access to all of the equipment needed to conduct one of our usability tests:
If you do not comply with the aforementioned requirements your submission may be rejected and you will not be paid for your efforts.
USERLYTICS™ makes no representation or warranty that you will be selected to perform testing services.
You agree not to contact clients who have purchased testing services through our Website or through information gained from our Website with the intent of offering your own services directly to the client as a substitute for our services.
You agree to full confidentiality regarding any websites or other online elements or software or software prototypes which you are testing, have tested, or will test, as a result of your participation as a tester for USERLYTICS™, and to not disclose to third parties what tests you have performed for USERLYTICS™, or to copy or record any of the results, or the prototypes, media assets or files and applications tested in whatever form.
You agree not to copy or take screenshots/videos of our qualitative research testing application, prototypes, files, media assets, wireframes or any other information, media asset or concept and/or disclose this information to other testers or third parties, either in person, via the Internet, or any other form of communication.
Payments through USERLYTICS™ are made with the following conditions:
USERLYTICS™ reserves the right in its sole discretion to deny payment to any tester for the following reasons:
USERLYTICS™ is the owner or the licensee of all intellectual property rights in the Website and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Website and/or the testing services (the "Content"). You acknowledge that certain Content available on the Website is protected by copyright laws and treaties around the world, and trademark, patent or other intellectual property rights of USERLYTICS™ or its licensors. Except as expressly provided herein, nothing within the Website or the testing services shall be construed as conferring any license under any of USERLYTICS™ intellectual property rights, whether by estoppel, implication, waiver or otherwise.
Except as otherwise provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Content from the Website without the prior express written permission of USERLYTICS™.
All trademarks, service marks, and trade names appearing on the Website are the property of USERLYTICS™ or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage USERLYTICS™ and its trademarks, service marks, and trade names, or any other aspect of the Website or the Content. Any use of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of USERLYTICS™ or the owner of the mark or name, as applicable, is strictly prohibited.
If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports (hereinafter "Test Results") with respect to any tested sites or your performance as a tester, you hereby assign and agree to assign any and all rights in and to such Test Results to USERLYTICS™ for no additional consideration. You hereby irrevocably assign full and exclusive copyright ownership in all content produced by you whilst conducting a test with the USERLYTICS™ platform, including all audio and video images, for no additional consideration.
USERLYTICS™ has applied for the registration of the userlytics.com logo as European Community and International registered trade marks of USERLYTICS™ (together the "Trade Marks"). WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT IT CONTAINS ARE PROVIDED ON AN "AS IS, AND AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERLYTICS™ DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY USERLYTICS™, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. USERLYTICS™ DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT USERLYTICS™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
USERLYTICS™ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE CONTENT; (2) YOUR USE OF THE WEBSITE AND THE CONTENT; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL USERLYTICS™, ITS EMPLOYEES, SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIM (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE OR THE CONTENT IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF USERLYTICS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH USERLYTICS™, ITS EMPLOYEES, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID TO YOU FOR PROVISION OF THE TESTING SERVICES AT ISSUE. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.
You acknowledge, understand and agree that USERLYTICS™ does not have control over any third party website or software or software prototype for which you provide testing services or for which the Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.
USERLYTICS™ reserves the right to discontinue the testing services at any time or otherwise make changes to the services at any time, without notice, and without liability to you or any third party of any kind.
Questions, comments and requests in relation to these Terms & Conditions should be sent to USERLYTICS™ via email at firstname.lastname@example.org, or via regular mail to: Userlytics Corporation 700 Lavaca, Suite 1400 Austin, Texas, 78701 USA
Last Updated: June 15th, 2018
Effective Date: Jun 29, 2018
Information you give us: we receive and store any information you provide us when you complete our forms or when you decide to accept an invitation to participate in a test.
Automatic Information: we automatically receive and store certain types of information when you use USERLYTICS™, including your interaction with our website.
Offering services to our clients: we offer usability and user experience testing services to our clients, as well as other types of market research services, and may share information about you and the tests done by you with our clients.
Improving our services: we may use some of the information to improve our site and our services
Marketing and commercial purposes: we may use information, we collect, including audiovisual recordings of your interactions during tests that you decided to participate in, to promote our services, by publishing videos or images with your face, screen or audio on our public website.
Communicate with you: we may use your personal information to communicate with you about Userlytics.
a)When you create an account as a USERLYTICS™ Tester/Participant or submit a form: We may collect personally identifiable information about you, such as your full name, your phone number, your IP, and other related information such as: pages visited (with the IP, location and time) languages you speak and mother tongue, your Paypal email, gender and date of birth, your country and state/province of residence, your smartphone/tablet OS, the social network(s) you use, your desktop OS, your preferred browser, your education level, annual income, family status, employment, how many children you have...as well as information about your email activities like email bounces, when you open an email we sent to you, or when you subscribe/unsubscribe from our marketing campaigns.
b) When you login with your tester account, we may collect information about your browser, operating system and your IP.
c) When you submit a test: we may collect information about you such as: your face and surroundings (recorded via your webcam), your device screen (recorded during the test) and your voice and comments.
d) Cookies and Tracking Technologies: we use technologies such as cookies, parameters, and scripts. These technologies are used for different goals such as affiliate systems, remarketing, retargeting or analytics studies. These technologies may be used in analyzing trends, administering USERLYTICS™ websites or client websites, tracking users movements around the site, knowing where a visitor comes from, and to gather demographic information about our user base as a whole.
This website uses Google Analytics, an analytics tool by Google Inc, to track user activity, page content, time on page, tree maps, and other related data.
Also this website uses Hotjar, an analytics tool, to track user behaviour, like clicks, scroll usage, and screenshot and recordings of the browser screen activities, as well as AgileCRM, which tracks email activities like email bounces or number of opened emails, and also tracks user activities in Userlytics.
We use the information we collect to operate and maintain our client services, filter and send you invitations to participate in tests, ask you questions about the tests you have done or while doing a test, or respond to your questions and concerns about USERLYTICS™ or your account.
(a) Personally Identifiable Information: We may store personal information in locations outside the direct control of USERLYTICS™ (for instance, on servers or databases co-located with hosting providers). USERLYTICS™ may share information that identifies you personally ONLY in the following circumstances:
1) Such information is being shared with a Client as part of the qualitative research test results (e.g., video images and/or audio recordings and/or survey questionnaire results and/or other data collected during a test you were invited to and accepted participating in may be shared with Clients and their employees and agents).
2) Such information is being featured on any of the Userlytics public pages in which case USERLYTICS™ may post audio and video content, i.e.: recordings of you interacting with a website, mobile app or prototype, but will not post your full name or other identifying details.
USERLYTICS™ will undertake reasonable precautions to prevent such information being downloaded from our site and will undertake to take every reasonable measure to limit to viewing only. However, USERLYTICS™ cannot guarantee that third parties may or may not find technical means to download such information.
3) USERLYTICS™ or any relevant business unit is or may be acquired by a third party.
4) USERLYTICS™ is under a duty to disclose or share your personal data in order to comply with any valid legal process, such as subpoenas, search warrants and court orders, or other valid law enforcement obligations, or to protect itself or others, or establish or exercise its legal rights or defend against legal claims.
(b) Non-Personally Identifiable Information: we may share information ONLY in the following circumstances:
1) USERLYTICS™ may extract statistics and other non-personally identifiable information from the tests and reports you have chosen to participate in, including from all free trials and full reports, and feature them on our Sample Highlights and Case Studies page, and/or pass them on to third parties for marketing or other purposes.
2) USERLYTICS™ or any relevant business unit is or may be acquired by a third party;
3) USERLYTICS™ is under a duty to disclose or share this kind of data in order to comply with any valid legal process, such as subpoenas, search warrants and court orders, or other valid law enforcement obligations, or to protect itself or others, or establish or exercise its legal rights or defend against legal claims
Your information collected through the USERLYTICS™ Service may be stored and processed in the United States, Europe, or any other country in which USERLYTICS™ or its clients or service providers maintain facilities.
USERLYTICS™may transfer information that we collect about you, including personal information to other third parties in other countries o jurisdictions around the world.
If you are located in the European Union or other regions with laws governing data collection and use that may differ from US law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.You may revoke your consent by opting out at any time, but in that case, you may no longer participate as a Tester.
We keep your personal information to enable your continued use of USERLYTICS™, for as long as required in order to fulfil the relevant purposes described in this Privacy Notice.
All information you provide to USERLYTICS™ is stored on secure servers. Any payment transactions will be encrypted using SSL technology. You are responsible for maintaining the confidentiality of any usernames or passwords associated with any account that you use to provide the testing services, and for monitoring all activity under your account.
You may not disclose or share your username or password with any third parties or use them for any unauthorized purpose. You shall be deemed responsible and you agree to assume full responsibility for all activities, acts or omissions of anyone that occur under your account.
Unfortunately, the transmission of information via the internet is not completely secure. Although USERLYTICS™ will use reasonable efforts to protect your personal data, it cannot guarantee the security of your data transmitted over the Internet. Any transmission is at your own risk. Once USERLYTICS™ has received your information, it will use reasonable procedures and security features to try to prevent unauthorized access.
USERLYTICS implements the Privacy Shield Principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement and Liability in processing your Personal Data.
In compliance with the Privacy Shield Principles, USERLYTICS™ commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Userlytics at email@example.com
USERLYTICS™ has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the INSIGHTS ASSOCIATION PRIVACY SHIELD PROGRAM, a non-profit alternative dispute resolution provider located in the United States and operated by the Insights Association. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit Insights Association complaint for more information or to file a complaint. The services of Insights Association are provided at no cost to you.
With respect to Personal Data received or transferred pursuant to the Privacy Shield framework, USERLYTICS™ is subject to the regulatory enforcement powers of the US Federal Trade Commission.
In the event that personal information is compromised as a breach of security, USERLYTICS™ will promptly notify our testers in compliance with applicable law.
You can review all the information we collected from you by contacting us directly at firstname.lastname@example.org
You can correct or update all the information we collected from you by contacting us directly at email@example.com, you can also update some of the information in your profile dashboard.
You can request to stop receiving emails or direct communications from USERLYTICS™, by clicking on the unsubscribe link on your email and following the indicated steps or by contacting us directly at firstname.lastname@example.org.
You can request to remove all of your personal information by contacting us directly at email@example.com or by indicating said intent in your profile dashboard.
We will retain your information for as long as your account is active or as needed to provide our services, and when this information is necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
IIn summary, you have the right to request access to, correct, and delete your personal data, in relation to data that is not being provided to a Client, such as audiovisual recordings and other test data related to tests and projects you may have participated in, which shall be retained for at least one year from the date of the finalization of the contractual agreement we have with the applicable client of USERLYTICS™. You may also object to our processing of your personal data or ask that we restrict the processing of your personal data in certain instances. If you wish to do any of these things, please contact us at firstname.lastname@example.org
Protecting the privacy of young children is especially important. For that reason, USERLYTICS™ does not knowingly collect or solicit personal information from anyone under the age of 16 without parental consent. In the event that we learn that we have collected personal information from a child under age 16 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 16, please contact us at email@example.com.
You acknowledge, understand and agree that USERLYTICS™ does not have control over any third-party website or software or software prototype for which you provide testing services or for which the Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.
Our Site includes social media features, such as the Twitter link and other widgets, that run on our Site. These features may collect your IP address and which page you are visiting on our site and may set a cookie to enable the feature to function properly.
Company name: Userlytics Corporation Address: 700 Lavaca, Suite 1400. Austin, Texas (USA) Phone Number: +1 512 599 9177, ext 1000 Contact email: firstname.lastname@example.org